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History

The Evolution of Judicial Review Power in Constitutional Courts

Quick fact

Judicial review—the power of courts to declare laws unconstitutional—was not explicitly written into the U.S. Constitution but was famously asserted by Chief Justice John Marshall in the 1803 case Marbury v. Madison, and since then it has spread to more than 100 countries.

Why this is interesting

We accept that courts can strike down laws as unconstitutional—but where did this power come from, and why do some countries still reject it?